Legal Question in Employment Law in Florida

Discrimination

My company just announced they were moving from Edgewater, FL to Northeast Georgia. I have been employed by them for more than five years as their Marketing Director. When I was hired they set the commission rate at 15% and after two years having increased sales by 70% they said I was making too much money. We negotiated a new commission rate of 7%.

When they announced the move I was in the group that had not been asked to move. When I had a one on one with the President I questioned why I had not been given an opportunity to move. She stated that with all I had going on in my life they didn�t think I would be willing to move. The response was once again that I take more out of the company than anyone else and basically that they were looking to cut costs by getting someone cheaper up there. I am almost 69 years old and in reality will never be able to secure another job in this area that gives me the livelihood I currently have.

I feel I am being discriminated against for two reasons, one they feel I earn too much money and second they feel someone younger will be less expensive. What are my legal options in this situation?


Asked on 10/27/03, 9:18 am

2 Answers from Attorneys
Kelly Henderson

Re: Discrimination

It is a bit of a catch 22 because it is not illegal for an employer to make an employment action that will save money, yet it is illegal to base a termination on age. If the company is simply and only acting to save money there is no illegal discrimination. If the action is based on your age you have a claim. You may want to speak with an attorney or review the EEOC web site at www.eeoc.gov. You case will rise or fall on the intent of the employer. Have there been statements made regarding your age? Were only those employees over 40 not asked to move? Feel free to send me an e-mail if you want to talk in more detail.

Read more
Answered on 10/27/03, 10:01 am
Keith Stern Shavitz Law Group

Re: Discrimination

If you feel you are being treated differently because of your age, then you can file a Charge of Discrimination with the EEOC. This is a mandatory prerequisite to ever filing a lawsuit. In this regard, if you'd like further assistance, it would be helpful to speak to an attorney before proceeding. Please feel free to call us at (305) 755-9441.

Read more
Answered on 10/27/03, 3:06 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in Florida